U.S. DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS FEDERAL AVIATION ADMINISTRATION

FEDERAL AVIATION ADMINISTRATION, Complainant, 

# RECEIVED MAY -5 2014 

## HEARING DOCKET

vs. DocketNo. FAA-2013-0288 FAA Case No. 2012SOI90209 AVIONICS MASTERS, INC., Respondent. Judge Sullivan
AMENDED COMPLAINT
The Federal Aviation Administration (FAA), by counsel, hereby files its Complaint, pursuant to Rule 208 ofthe Rules ofPractice (14 C.P.R. 13.208), and states as follows: 1 I. I. OnMay 14, 2013, Respondent, Avionics Masters, Inc. was advised through a Final Notice ofProposed Civil Penalty thatthe FAA proposed to assess a civil penalty in the amount of$7,150. On May 27,2013, the Agency Attorney received a written request for a hearing from the Respondent. II. 2. At all times material herein, Avionics Masters was and is nowthe holder ofAir Agency Certificate No. VIMR095K. 3. Avionics Masters, Inc. is authorized to perform maintenance on Radio, Limited Airfame and Limited Instruments, as defined bythe Operation Specifications and the Accepted Capability List. 4. On or about December 22,2011, Avionics Masters approved for returned to service a Bendix/King directional gyro, model KG102A, serial number X32301. 5. Avionics Masters was not authorizedby its Operations Specifications or its Accepted Capability listto perform maintenance, including repairs, onthe directional gyro.
1 Additions to the Amended Complaint, as compared to the original Complaint, are marked with italics. Deletions from the original Complaint are marked with strike**thre~~gl!.**III. 

### 6. By reason ofthe feregeing facts and circumstances described inparagraphs 2-5 of this Complaint, 

### Respondent violated the following sections ofthe Federal Aviation Regulations:
a. Section 145.5(a) in that no person may operate as a certificated repair station without, or in violation of, a repair station certificate, ratings, or operations specifications issued under this part; and b. Section 145.201(b) in that a certified repair station may not maintain or alter any article for which it is not rated, and may not maintain or alter any article for which it is rated ifitrequires special technical data, equipment, or facilities that are not available to it. 7. Pursuant to 49 U.S.C. Sections 4630l(a)-(d), Respondent is subject to a civil penalty not to exceed $11,000 for each ofthe violations alleged. 8. Under these facts and circumstances efthls ease, a civil penalty of$7,150 

### is appropriate. 

### IV. 9. Regardless of whether or notRespondent actuallyperformeda repair of the Bendix/King directional gyro, model KG102A, serial numberX32301, Respondent executedan FAA Form 8130-3 approving the gyrofor return to service as repairedanddescribing the work as a repair. 10. In the event that no repairs wereperformedon the directional gyro, Respondent falsely certified on the Form 8130-3 that repairs hadbeenperformed. 11. In the event that no repairs wereperformed on the gyro, Respondent did not make an accurate description of the workperformed on the directional gyro. 

# v. 12. In the alternative to the allegations inpart Illof the Complaint, by reason of the facts andcircumstances described inparagraphs 9-11 of this Complaint, Respondentviolated thefollowing sections of the FederalAviation Regulations:
a. Section 43.9(a)(J) in that,exceptasprovidedinparagraphs (b) and (c) of this section, eachperson who maintains, performspreventive maintenance, rebuilds, or alters an aircraft, airframe, aircraft engine, propeller, appliance, or componentpart shall make an entry in the maintenance record of that equipment containing thefollowing information: a description (or reference to data acceptable to the Administrator) of workperformed;b. Section 43.5(a) in that noperson may approve for return to service any aircraft, airframe, aircraft engine, propeller, or appliance, that has undergone maintenance, preventive maintenance, rebuilding, or alteration unless the maintenance recordentry required by 43.9 or 43.11, as appropriate, has been made. 

### 7. Pursuant to 49 US.

### C. Sections 46301(a)-(d), Respondent is subject to a civil penalty not to exceed$11,000for each of the violations alleged. 8. Under thesefacts andcircumstances, a civilpenalty of $4,042 is appropriate. WHEREFORE, the Agency, by counsel respectfully requests that the Administrative Law Judge enter an order that Respondent be assessed a civil penalty inthe amount of

### $7,150, as a result of Respondent's violations of§§ 145.5(a) and 145.201(b). Alternatively, the Agency, by counsel respectfully requests that theAdministrative Law Judge enter an order thatRespondent be assesseda civilpenalty in the amount of$4,042, as a result of Respondent's violations of §§ 43.9(a)(1) and43.5(a).

Attorney Office ofthe Regional CounselCERTIFICATE OF SERVICE I hereby certify that a copy ofthe foregoing Amended Complaint has been sent this date by the following methods: original and one copy via certified mail: Federal Aviation Administration 800 Independence Avenue, S.W. Attention:Hearing Docket Clerk, AGC-430 Wilbur Wright Building- Suite 2Wl000 Washington, D.C. 20591
one copy via certified mail: Mohammad Ahmed Faruqui, Esq. Trial Lawyers Building 633 SE 3rd Avenue, Suite 4R Ft. Lauderdale, FL 33301 Honorable Judge J.E. Sullivan Office ofHearings, M-20 U.S. Department ofTransportation 1200 NewJersey Avenue, S.E. (Ell-310) Washington, DC 20590

Date